axecapone
01-28-2015, 11:41 AM
Hey guys
My wife is working in a non-profit higher education institution which means she gets a cap exempt H1B. After a long wait, they are about to file it. The LCA is done and all that is left is filing the petition.
The problem is the job is not good and she wants to explore industry opportunities. We were waiting for the H4 EAD rule to go live soon (I am on H1 and with a 140 approved) but it seems to be making no progress at all. Her OPT expires in June-2015, so she needs to file premium processing (it turns out that cap gap OPT extension is not available for cap exempt H1Bs. Its only for capped H1Bs). Also cap exempt H1Bs are not transferrable to capped H1Bs, so outside of academia, its useless.
There is a good chance that she may apply for H1 and then once H4 EAD comes along, just quit and move over to H4. I would like to know if there are any risks in doing so. My concern is that if she moves from F1 -> H1 -> H4 very quickly (within a few months time), she may have difficulty explaining it to consulate during stamping or there may be application issues.
My wife is working in a non-profit higher education institution which means she gets a cap exempt H1B. After a long wait, they are about to file it. The LCA is done and all that is left is filing the petition.
The problem is the job is not good and she wants to explore industry opportunities. We were waiting for the H4 EAD rule to go live soon (I am on H1 and with a 140 approved) but it seems to be making no progress at all. Her OPT expires in June-2015, so she needs to file premium processing (it turns out that cap gap OPT extension is not available for cap exempt H1Bs. Its only for capped H1Bs). Also cap exempt H1Bs are not transferrable to capped H1Bs, so outside of academia, its useless.
There is a good chance that she may apply for H1 and then once H4 EAD comes along, just quit and move over to H4. I would like to know if there are any risks in doing so. My concern is that if she moves from F1 -> H1 -> H4 very quickly (within a few months time), she may have difficulty explaining it to consulate during stamping or there may be application issues.